Patents Laws in Italy
Sure! Here’s a concise overview of patent laws in Italy:
Patent Laws in Italy
1. Governing Law:
Italy follows the Italian Industrial Property Code (Codice della Proprietà Industriale), mainly Legislative Decree No. 30/2005, which implements European directives.
Italy is also a member of the European Patent Convention (EPC) and the Patent Cooperation Treaty (PCT).
2. Types of Patents:
Standard Patent: Protects inventions that are new, involve an inventive step, and are industrially applicable.
Utility Model: Italy doesn’t officially provide utility models (unlike some countries).
European Patent: Can be validated in Italy after grant by the European Patent Office (EPO).
Supplementary Protection Certificate (SPC): Extends patent protection for certain pharmaceuticals and plant protection products.
3. Patent Requirements:
Novelty: The invention must be new, i.e., not disclosed anywhere in the world before the filing date.
Inventive Step: Must not be obvious to a person skilled in the relevant technical field.
Industrial Applicability: Must be capable of being made or used in an industry.
Excluded Inventions: Discoveries, scientific theories, mathematical methods, aesthetic creations, schemes, rules, methods for performing mental acts, business methods, and computer programs as such are not patentable.
4. Patent Term:
The patent term is 20 years from the filing date.
5. Filing and Granting:
You can file a patent application directly with the Italian Patent and Trademark Office (UIBM) or via the European Patent Office (EPO) for a European patent validated in Italy.
The application undergoes a formal examination and substantive examination.
After grant, the patent must be renewed annually by paying maintenance fees.
6. Patent Enforcement:
Patent infringement cases are handled by civil courts in Italy.
Remedies include injunctions, damages, and seizure of infringing goods.
Criminal sanctions may apply in cases of intentional infringement.
7. Language:
Patent applications must be filed in Italian.
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